Cole v. Department of Corrections

Pro se appellant, Lemuel L. Cole, appeals from a Final Judgment Granting Defendants’ Motion to Dismiss with Prejudice. We hold the trial court erred in granting the motion and reverse and re-*399raand with directions to the trial court to reinstate appellant’s complaint.

Appellant, an inmate at Glades Correctional Institution, filed a malicious prosecution action against the Department of Corrections (DOC). In his complaint, appellant alleged that in 1992, DOC personnel found a bottle of homemade wine (“buck”) in a locked footlocker containing his legal materials. Appellant denied that the wine…